Conservation Easement Deed 2009-0449354
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DOC # 2009-0449354
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RECORDING;REQUESTED BY:
CITYOFPOWAY
WHEN RECORDED MAIL TO:
AUG 11 , 2009 3:33 PM
OFFICL~L F:ECORDS
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'^ APN: 314"840,09
I Cor' I PROJECT NUMBER:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
PAGES: 12
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Space Above Line for Recorder's Use Only
MDRA 08-08
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSERVA T10NEASEMENT pEED is made this :2- q day o,f JIJL Y
and Kimberly A Okeson "Grantors", in favor of City of Poway ("Grantee"), acting
Development Services Department, with reference to the following facts.
2009, by Scott L.
by and through its
RECITALS
A Grantor'is the sole owner in, fee simple of certain.,real property in the City of Po way, County
of San Diego, State of California, more particularly described in Exhibit^" and Exhibit B attached hereto and
incorporated by this referenCe(the"Property''),
B, The Property possesses wildlife and habitat values (collectively, "conservation ,values") of
great importance to the Grantee, .the'people of the City of Poway, the people of the State of California, and
the people of the United S'tates, .
C: The Property provides high quality Coastal Sage..Scrub. .Coastal Sage Scrub is the habitat
ofthe California Gnatcatcher.. which is listed as a threatened species'on the Federal Endangered Species
list. Conservation of this propertytherefore will preserve habitat of a proiected species,
D The City of poway is authorized to hold conservation easements for the preservation of land
in its natural, scenic, agricultural, 'historical, forested, or open space condition. The City of Poway has
authority to hold easements for these purposes pursuant to California Civil Code'Section 815:3(b).
E. The State of California, by and through its Department of Fish and Game (CDFG), has
jurisdiction, pursuanlto CDFG Code Section 1802, over the conserv.ation, protection, and m,anagement of
fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species,
F. The United States Fish and Wildlife Services (USFWS) has jurisdiction over the
conservation, protecti.on, restoration, enhancement and management .of fish, wildlife and native plants and
the h,abitats on which they depend under the Endangered Species ^,ct, 16 U.sC Section 1531 et seq,
(ESA), the Fish and,Wildlife,Coordination Act, 16 U,S.C. Sections 661-666cand other applicable laws,
G. This Conser\iation Easement provides protection>for 2.3 acres of land. that contains Coastal
Sage Scrub habitat located within the City of Poway's Subarea Habitat Conservation Plan/NCCP Focused
Planning Area.
H. Grantor intends rbconvey to Grantee the right to preserve and protect the conservation
values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
contained herein.
o~-C\.Q':\.
Conservation Easement Deed
Page 2
I. Grantee:agrees by accepting this,.grant to ho'nor the interitions of Grantor stated herein and
to preserveiand to protect in perpetuity the conservation values of the property in accordance with the terms
of this Conservation Easement for'the benefit of thisgeneiation and the generations to come.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and .restrictions
contained herein, and pursuant to Califo'rnia law, including Civil Code. Section 815, et seq" Grantor hereby
voluntarily deeds 'and conveys to Grantee a conservation easement in perpetuity over the Property of the
nature and character and to the extent 'hereinafter set forth ("Easement").
1, Purpose. The purpose .of this Conservation Easement .is to ensure the Property will be
preserved in a natural condition in perpetuity and to prevent any use,of'the Property that will materially impair
or interfere with the conservationvalues',ofthe Property. Grantor intends that this Conservation Easement
will confine the use of the Property to such activities, including without limitation, those involving the
preservation and enhancement of native' species and their habitat in a manner consistent with the habitat
conservation purposes of this Conservation Easement.
2. Riqhtsof Grantee. To accomplish the purposes of this Conservation Easement, Grantor
hereby grants and conveys the following' rights to Grantee and the State of California Department of Fish and
Game as a third party beneficiary of this,easement by this Conservation Easement Deed:
(a) To preserve and protect in perpetuity the conservation values of the Property in
accordance with this easement;
(b) To enter upon the property at reasonable times in order to monitor Grantor's
compliance with, and to otherwise 'enforce the terms of, this Conservation Easement, including Grantor's
obligation to manage the propertyconsistenLwithGrantor's duties as set forth in Section 4, and for scientific
research and interpretive purposes by Grantee or its'designees; and CDFGand its designees,
(c) To prevent any activity on or use of the Property that is inconsistent with the
purposes of this Conservation Easement and to require the restoration of such areas or features of the
Property that may be damaged by any act, failure to act, or any use that is' inconsistent with the purposes of
this Conservation Easement;
(d) All mineral, air and water rights necessary to protect and sustain the biological
resources of the Property; and
(e) To enforce by means including, injunctive relief, the terms and conditions of the
Easement
3. Prohibited Uses. Any activity on or use of the Property ,inconsistent with the habitat
conservation purposes of'this Conservation Easement and not specifically reserved a~:'a right of (3rantor is
prohibited. Without limiting the generality of the foregoing, the following uses 'by Grantor, Grantor',s agents,
and third parties, a.re: expressly prohibited unless specifically provided for throug.h thePowaySubarea
Habitat Conservation Plan/NCCP,
(a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement
activities, incompatible fire protection activities and any and ail other uses which may adversely affect the
purposes of this Conservation Easement;
(b) Use.of offcroad vehicles; except vehicles usedJor property maintenance required by
the City of Poway, and then only over existing roads;
(c) Grazing or surface entry for exploration or extraction of minerals ;
Conservation' Easement Deed
Page 3
(d) Erection of any building, billboard, or sign,;;
Ie) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material;
(I) Otherwise altering the general topography of the Property, including building of
roads or changing the grade of the Property;
(g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as
required by law for: (1) firebreaks, (2) maintenance of existing foot trails or roads, or (3) prevention or
treatment of disease;
(h) Planting of trees or other vegetation except by Written permission from the City of
Poway.
4. Grantor's Duties. Grantor shall undertake all reason'able actions to prevent the unlawful
entry and trespass by persons whose activities may degrade or harm the conservation values of the
Property. In addition, Grantor'shall uridertake all necessary actions to protect Grantee:s rightsurider Section
2 of this Conservation Easement. Grantoffurther covenants that maintenance of the PropertY, to wit clean
up of all trash and debris, shall.bethe Grantor's responsibility
5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs,
successors, and assigns, all rights accruing from its ownership of the Property, including the,right to engage
in or.to permit or invite others'to engage in all uses ofthe Property that are consistent with the purposes of
this Conservation Easement.
6. Grantee's Remedies, .If-Grantee determines that Grantor is in violation of the terms of this
Conservation Easement.or thal;i3.violation is threatened, Grantee shall give written notice to. Grantor of such
violation and demand in writing corrective action, sufficient to cure the violation. Grantee shall also notifY the
California Department of Fish arid Game, If Grantor fails to cure 'the violation within thirty (30) days after
receipt' of said written' notice arid demand from Grantee, or if the cure reason<3bly requires more than thirty
(30) days to complete and Grantor fails to begin the cure within the thirty (30) day period or fails. to continue
diligently to complete the cure, Grantee may bring an action at law or' in equity in a court of com'petent
jurisdiCtion to enforce the terms of this Conservation Easement, to recover any damages to which Grantee
may be entitled for violation, by Giimtor'of-theterms of this Conservation Easement, to enjoin.theviolation, ex
parte as necessary, by temporary or permanent injunction without,the necessity of proving either actual
damages or the inadequacyof,oth'erwise available legal remedies, or for other equitable relief, including, but
not limited to, the restoration of the Property to the condition in which it existed prior to any such, violation or
injury. Without limiting Grantoc's liability'therefore, Grantee may applY any damages recovered to the cost of
undertaking any corrective action on the Property.
If Grantee, in, Its sole discretion, determines that circum'stances. require immediate action to
prevent or mitigatE?"significantdamage to the conservation values of the, Property, Grantee may pursue its
remedies under t~is paragraph without prior notice to Grantor.or without waiting for the period provided for
cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the
terms of this Conservation Easement Grantor and Grantee agree that Gran,tee's remedies for any violation
of the terms of this Conseryation Easement is the injunctive relief described in this section, both prohibitive
and mandatory, in addition to such other relief to which Grantee may be entitled, including specific
performance of the terms of"this Conservation Easement in., ea,ch case, without the necessity of proving
either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies
described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing
at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq, ,
inclusive.
If at any time in the future Grantor or any subsequent transferee uses or threatens to use
such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code Section
Conservation Easement Deed
Page 4
815,7, the California. Attorney' General or third-party 8ntitiesorganized for ,conservation purposes have
standing asJnterestedparties in any proceeding affecting this'ConseKtation Easement as against Grantor.
The California Department of Fish and Game (CDFG) as a third party beneficiary of this
easement shall have the same rights as Grantee under this section to enforce the terms of tlie easement
6,1, Costs .o/Enforcement. Any costs incurred by Grantee or CDFG in enforcing the
terms of this Conservation Easement against Grantor, including, but not limited to, costs of suit and
attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the
terms of this Conservation Easementshall be borne by Grantor.
6.2, Grantee's Discretion, Enforcement of the terms of this Conservation Easement by
Grantee or CDFG shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or
CDFG. to exe'rcise its rights under this ConserVation Easement by Grantor shall not be deemed or construed
to be a,waiver by Grantee of such.term or of any subsequent breach of the s-ame or any other term of this
Conservation Easement or of any of the Grantee's rights under .this Conservation Easement. No delay or
omission by Gra'ntee or CDFG in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver.
6.3. Acts Bevond Grantor's Control. Nothing contained in this Conservation Easement
by Grantee.shall be at. the discretionof.Grantee and CDFG to bring any action against Grantor, for any injury
or change in the Pro'perty resulting froni causes beyond Grantor's control" including, fire, fiood, storm, and
earth movement, or any prudent action'taken by Grantor under emergency conditions to prevent, abate, or
mitigate signific'ant injury to the Property resulting from such causes,
6.4, Department ,of Fish and Game Riqht of Enforcement All rights and remedies
conveyed to Grantee wider this' Conservation Easement Deed shall'exte'nd to and are enforceable by the
Department ofFish and Game or l:JSFWS.
6.5. Fence Installation and Maintenance, Grantor shall install and maintain a fence
between the approveddevelopmentareaof the parcel and the Conservation Easement Deed area to protect
in perpetuity the conservation values:and function of the Property. The type offencing shall also include
posts and signage. The Grantor shall obtain approval by the Grantee's Director of Development Services
regarding the specific location, type, and height of the fence and signs prior to their installation.
7. Propertv Manaqement and Maintenance, Grantor and its successors shall niaintain the
Property in accordance with the' terms and conditions asset forth herein.
8, Access. This Conservation Easement does not 'convey a general right of access to the
public; however, afterreceiving approval from Grantor, not to be unreasonably withheld, access for'scientiiic
research and interpretive purposes, shall be reserved to the Grantee and CDFG or to the respective
designees of Grantee and CDFG,
9. Costs,and"Uabilities. Grantor retains all responsibilities and shall bear all costs and liabilities
of any kindi.nci'u(j,ing transfer 'costs, costs of title and documentation review, and costs related to the
ownership, operation, upkeep, and maintenance of the Property.
9.1, Taxes, Grantor shall pay before delinq~ency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent authority
(collectively "taxes"), 'including any taxes imposed upon, or incurred as a result .of, this Conservation
Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment' upon request
9.2. Hold Harmless, Grantor shall hold harmless, indemnify, and defend Grantee and
CDFG and its, memi:lers, directors, officers, employees, agents, contractors, and their heirs, and
representatives, successors and assigns (collectively "Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
without limitation, reasonable attorneys' fees, arising from orin any way connected with: (1 ) injury to or the
Conservation Easement'Deed'
Page 5
death of any person, or physical carnages to any property resulting 'fiomany act, omission, condition, or
other mafter related to or occurring on or about the Property, regardless of cause; (2) the obligations
specified in Sections4, 9, and'9.1; and (3) the existence or administrationcof this Conservation Easement
9.3, Condemnation. The purposes ofthe Conservation Easement are presumed to be
the best and most necessary public use as defined at Code of Civil Procedure Section 1240,680
notwithstanding Code of Civil Procedure Sections 1240,690 and 1240,700,
10. Assiqnment. This Conservation Easement may not be transferred, assigned, or
extinguished without the prior written approval of CDFG. Grantee may, assign its rights and obligations under
this Conservation Easement only to an entity or organization authorized to acquire and hold conservation
easements, pursuant to Civil Code Section 815,3, Grantee shall require the assignee to record the
assignment in the county where the Property is located.
11. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument by which Gran'tor divests itself of anyinte~est in all, or a
portion of the Property, inCluding, without limitation, a leasehold interest. ,Grantor furt~er agrees to give
written notice to G'rantee or the,CDFG ofthe intent to transfer any interest at least forty-five. (45) days prior to
the date of such transfer. Grantee shall have the right to prevent subsequent transfers in which prospective
subsequent claimants or transferees are. not given notice of the covenants, terms, conditions and restrictions
of this Conservation Easement. the failure of Grantor or Grantee to perform any actprovided'inthis section
shallnoUmpair the validity of this Conservation Easement or limit its enforceability in anyway. Grantor shall
not grant additional easements or other interests in the property without the prior wrillen authorization of
Grantee and CDFG.
12, Notices, All notices, deman,ds, requests, consents, approvals, or communication.s from one
party to another shall bepersonally'delivered or sent by facsimile to ,the persons set forth below or shall be
deemed given five (5) days after deposit in the United States mail, certified and postage prep,aid,,return
receipt request~d'and addressed as follows, or at such other address 'as any party. may from time to time
specify to the other parties in writing:
To Grantor:
ScottL and KimberlyA Okeson
16344 Woodson View
Poway CA 92064
To Grantee:
City of Poway
P,O. Box 789
Poway CA 92074
With a copy to:
Department of.Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
The parties agree to accept facsimile signed .documents and agree to rely upon such
documents as if they bore original signatures, Each party agrees to. provide to the other parties, within
seventy-two (72) hours afteriransmission of a facsimile, documents,thatbear the original signatures.
13, . Amendment., This Conservation Easement may be amended by Grantor and Grantee only
by mutual written agreement approved in writing by CDFG. Any such aniendmentshall be consistent with
the p~rposes of this ConserVation Easement and, shall not affect its' perpetual duration, Any such
amendment shall be recorded 'in the official records of San Diego County, State of California,
Conservation Easement Deed
Page 6
14. 'Recordation, Grantor shall promptly rec'ord this 'instrument in the official records of San
Diego' c:;ounty, California, and immediately notify the Grantee and CDFG through the mailing of a confirmed
copy of the'recorded easement
15, General Provisions,
(a) Controllinq, Law. The interpretation and performance of this Conservation Easement
shall be governed by the Jaws of the State of California,
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding,. this Cons(ilrvation '.Easement shall be liberally construed in favor of the deed to effect the
purposes onhis Conservation Easerne~tand the policy and purpose of Civil Code Section 815, et seq. If
any provision in this instrument isiounsi to be ambiguous, an interpretation consistent with ,the purposes of
this Conservation Easement that woulp render the provision valid shall be favored over any interpretation
that would render it invalid.
(c) Severabilitv. If' a court of competent jurisdiction voids or invalidates on its' face, any
provision of this Conservation Easement Deed, such action shall not affect the remainder of this
Conservation Easement Deed, If a court of competent jurisdiction voids of'invalidates the applicaticinof any
provision of this Conservation Easemeril' Deed to a person or circumstance, such action shall.noLaffect the
application of the provision to other persons or circumstances.
(d) Entire Aqreement. This instrument sets forth the entire agreement of the parties
with respect to the Conservatio~ Easement and supersedes all ,prior discussions, negotiations,
understandings; or'agreements relating \0 the Conservation Easement, all of which are merged herein. No
alteration or vanation of this instrument shall be valid or binding unless contained in an amendment in
accordance with Secti.on 13.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in'any respect
(I) Successors. The covenants, terms, conditions, and restrictions ofthis Conservation
Easement Deed shall be binding 'upon, ,and inure to the benefit of, the: parties hereto and their respective
personal representatives, heirs, successors, and assigns and shall continue as a, servitude running in
perpetuity with the Property. These covenants hereunder benefiting Grantee shall also benefitCDFG.
(g) Termination of RiQhts and Obliqations, A party's rights and obligations under this
Conservation Easement shall terminate only upon transfer of the party's interest in the, Conservation
Easement or Property, except that iiability for acts or omissions .occurring prior to transfer shall survive
transfer.
(h)
of reference and are
interpretation.
Captions. The captions in this instrument have, been inserted,solely'for convenience
not a part of this instrument and shall have no effect upon its construction or
(I) Counterparts. The parties may execute this instrument in two'or more counterparts,
which shall, in the'. agg'regate,be signed by Grantor and Grantee; each counterpart shall be deemed an
original instrument as 'against any party who has signed it. In the event of any disparity between the
counterparts produced, the recorded counterpart shall be controlling.
U) Modification: This Easement is not subject to modification or amendment except in
writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns.
(k)
herein by reference.
Exhibits, All Exhibits referred to in this Easement are attached and incorporated
Conservation Eas'ement Deed
Page 7
(I)' Appropriations. The duty of the City of Poway and. CDFG to carry out their
respective'bbligations Liriderthis Easement shallbesubjectto the availability of appropriate funds,
(m) Effective Date. This Easement shall be effective upon. recording with the San Diego
County Recorder's Office.
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and yearfirst above written.
GRANTOR:
.ltl(J~
Ann K, Okeson
By:
BY~AL CI ~
I(-O-/( 1'l*.Okeson
Kimberly A.
Approved as to Form:
Office of the City Attorney
By:
uQ~
Foster, City Attorney
M:\plan ning\jason\MDRAs\08~98, Okeson BCE:docxc
CALIFORNIA All"PIURPOSE ACKNOWLEDGMENT
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County of San Diego
On )/{LY 2 if, zttJ; before me, Phyllis Shinn. Notary Public
personally ap~:~red So If [ () KCS 0/11
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State of California
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who proved to me on'the basis of satisfactory evidence to
be the person(s) whose name(s) )(,/are subscribed to the
within instrument' and acknowledged to me that
I:t&s)(e/theyexecuied the same in~~theirauthorized
capacity'(ies), and that by I)iS/h'!iritheirsignatureMonJhe
instrument the person(s), or the entity upon Dehalf of
which the person(s) acted, executed the instrument.
I certify under PEI\JALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct
Place Notary Seal Above
Signature
OPTIONAL
Though the 'information below is not required by law, it may prove valuable to persons relying on the document
and could prevent frau~ulent removal and reattachment. of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner,- 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardial1 or Conservator
o Other:
.
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Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
Signer Is,Representing:
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@2007 National Notary Association. 9350 De Solo Ave" P.O. Box 2402. Ch3tsworth, CA 91313.2402. www.NationaINolary,org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
Conservation Easement Deed
PageS
CERTIFICATE OF ACCEPTANCE
This is to ceo rtify that:the interes~eal propert~ conveyed by the Conservation Easement Deed by
Scott L and Kimberly A. Okeson,.dated, UIL/1C}.1.O')CJ "to the City of Poway, Grantee, and
to the California Department of Fishimd ,Game, as a third party beneficiary, a governmental agency (under
Government Code Section 27281); is hereby accepted by the undersigned officer on behalf of.the City of
Poway, pursuant to authority conferred by Resolution No. 34 of the City olpoway on January 20, 1981,
GRANTEE:
City of PoWay
~
, e: L' a A. Troyan, MMC, Citv Clerk
Authorized Representative
Date:
.F/7/R9
EXHIBIT"A"
BIOLOGICAL CONSERVATION EASEMENT
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF LOT 9 OF CITY OF PQWAY TRACT 89-09, IN THE
CITY QF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 14091, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 5, 2000,
DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT A POINT ONTHE EASTERLY LINE '017 SAID LOT 9 DISTANT
THEREON SOUTH 1W47'00" WEST 11.62 FEET FROM THE NORTHEAST
CORNER THEREOF; THENCE ALONG SAID EASTERLY LINE SOUTH
18047'00" WEST 146.87 FEET; THENCE SOUTH 49005'00" WEST 121.00
FEET; THENCE SOUTH 24:01'00" WEST 8.68 FEET; THENCE LEAVING
SAID EASTERLY LINE NORTH 23042'00" WEST 73.89 FEET; THENCE
NOR;rH 46052'01" EAST 74.61 FEET; THENCE NORifH 60032'05" EAST 37.51
FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS' OF 64,00 FEET; THENCE NORTHEASTERLY AND
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
66038'00" A DISTANCE OF 74.43 FEET; THENCE ON A NON-TANGENT
BEARING NORTH 630'13'48" EAST 59.03 FEET TO THE POINT OF
BEGINNING.
PARCEL 2
BEGINNING AT A POINT ON THE ~ORTHWESTERL Y LINE OF SAID LOT 9
DISTANT THEREON SOUTH 32056'00" WEST 7.58 FEET FROM THE
NORJHWES;r CORNER THEREOF; THENCE ALONG SAID NORTH-
WESTERLY LINE SOUTH 32026'00" WEST 289.18 FEET; THENCE LEAVING
SAID NORl:HWESTERLv LINE NORTH 41023'23" EAST 105.16 FEET;
THENCE NORTH 4-7"42'09" EAST 45.77 FEET; THENCE NORTH 52043'45"
EAST 54,33 FEET; THENCE NORTH 79'21'20" EAST 44.25 FEET; THENCE
NORTH 89"12'57" EAST 3147 FEET; THENCE SOUTH 65"34'33" EAST 41.66
FEET; THENCE SOUTH 45013'41" EAST 41.44 FEET; THENCE NORTH
55006'30" EAST 86.35 FEET; THENCE SOUTH 84000'23" WEST 36.24 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 90.00 FEET; THENCE WESTERLY AND NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45042'35" A
DISTANCE OF 71.80 FEET; THENCE NGRTH 50.017'02" VVEST 36.68 FEET;
TREN8E NORTH 55045'09" WEST 86.35 FEET TO THE POINT OF
BEGINNING,
PARCEl 3
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE
ALONG THE NORTHWESTERLY LINE OF SAID LOT 9 NORTH 32056'00"
EAST 431.54 FEET, THENCE LEAVING SAID NORTHWESTERLY LINE
SOUTH 6021'33" EAST 92:27 FEET; THENCE SOUTH 44014'51" EAST 20.79
FEET; THENCE SOUTH 4T27'29" EAST 21.39 FEET; THENCE SOUTH
54025'48" EAST 13.63 FEET; THENCE SOUTH 62012'41" EAST 42.51 FEET;
THENCE SOUTH 70018'31" EAST 22.91 FEET TO A POINT OF
INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE
EASTERLY LINE OF THE WESTERLY MOST OPEN SPACE EASEMENT
LYING WITHIN SAID LOT 9 AS DEDICATED PER SAID MAP NO: 14091;
THENCE ALONG SAID NORTHERLY PROLONGATION AND SAID EASTERLY
LINE SOUTH 10025'00" WEST 215.67 FEET TO THE SOUTHERLY LINE OF
SAID LOT 9; THENCE ALONG SAID SOUTHERLY LINE NORTH 88047'34"
WEST 306.44 FEET TO THE POINT OF BEGINNING.
PARCEL 4
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 9 DISTANT
THEREON NORTH 24.001'00" EAST 173.66 FEET FROM THE SOUTHEAST
CORNER THEREOF, SAID POINT BEING ON THE SOUTHERLY LINE OF THE
EASTERLY MOST OPEN SPACE EASEMENT LYING WITHIN SAID LOT 9 AS
DEDICATED PER SAID MAP NO. 14091; THENCE LEAVING SAID EASTERLY
LINE ALONG SAID SOUTHERLY LINE SOUTH 84043'00" WEST 139.48 FEET;
THENCE ALONG THE WESTERLY LINE OF SAID OPEN SPACE EASEMENT
AND THE NORTHERLY PROLONGATION THEREOF NORTH 10'25'00" EAST
64.18 FEET; THENCE SOUTH 83048'19" EAST 23.60 FEET; THENCE NORTH
82059'42" EAST 70.11 FEET; THENCE NORTH 74'33:19" EAST 70,17 FEET
TO THE EASTERLY LINE OF SAID LOT 9; THENCE ALONG SAID EASTERLY
LINE SOUTH'24001 '00" WEST 82.07 FEET TO THE POINT OF BEGINNING.
\\
LINE
L1
L2
U
L4-
L5
L6
L7
L8
L9
L10
L11'
L12
L13
m......................
..........",......
..................
..........."...".
........."......
"........",......
................
...................
........"......
.................
.................
/
P.O,s.
PCL. 3
BEARING DISTANCE
S55'06'30"W 86.35'
N45}3'41"W 41.4.4'
N65'34:33"W .41.66'
S89'12'57"W 31.47"
S7e:z1'20"W 44.25'
S52'43'45"W 54,33'
N55'45'09"W 86.35'
S50'l7"02"E 36.68'
N84'OO'23"E 36.Z4'
N23'42'00"W 73.89'
S6'Zl '33"E 92.27'
S44'14'51"E 20.79'
N47'27"29"W 21.39'
LEGEND
1!,,(Q)'ii' ~ @
~ 12~1-10
~ \\~ Nci. 64il1 *
k' )l( \ ~,!
'v '-1~
"7 ~~ Gi\'0~
EXHIBIT "B"
~iiB,"B~:,ii~ttt~\j("~~O _"~~3~.~
~::.% (,J ,,\;:..:...:..::..)( p<:i .:...... '^
7"" PARCEL 2 (~<(7"\v"1v~
::.i:::%<O ~.:i0':i
,.y7 PARCEL 1 Iii...... ii...:. i......:........:~<:,<!,~
j::':::::::::::':::",<:;j <:,<:'
tZ~ LOT 9 'b~fL2r~b<\'I>'
PAGE 1 OF 1
J
POWA Y TRACT 89-9
MAP NO. 14091
~
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..........1::,
Ii .<::5
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c,;?,/'i] ~
'~S3C: ",----P,O,B.
PCL. 4
&
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"-
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G
EASEMENTS
@ OPEN SPACE EASEMENT
DEDICATED PER MAP NO. 14091
@ EASEMENT IN FAVOR OF SOG&E
FOR PUBLIC UTILITIES REC. 2/4/2003
AS DOC. NO. Z003-0130466 O.R.
- @ EASEMENT IN FAVOR OF COXCOM, INC.
FOR TELECOMMUNICA nONS REC. 12/22/2003
AS DOC. NO. 2003-1496376 O.R.
(NOT PLOTT ABLE)
LINE
Cl
C2
1!,,(Q)'ii' @
LINE BEARING DISTANCE
L14 S41'Z3'23"W 105.16'
L15 S47'42'09"W 45.77'
L16 N46'52'01 "E 74.61'
L17 N60'32'05"E 37.51'
L18 S63'13'48"W 59.03'
L19 N32'56'00"[ 7,58'
L20 N18'47"00"E 11.62'
L21 NZ4'01'00"E 8.68'
L22 S54'25' 48"E 13.63'
L23 N62'l2'41"W 42.51'
L24 S70'18'31 "E 22.91'
L25 Nl0'25'00"E 215.67"
L26 S83'48'19"E 23.60'
L27 N82'59'42"E 70.11'
L28 N74'33'19"E 70.17'
L29 N84'43'OO"E 139<48'
UO Nl0'25'00"E 64.18'
DELTA RADIUS ARC
45'42'35" 90.00' 71.80'
66'38'00" 64.00' 74<43'
BIOLOGICAL CONSERVATION EASEMENT
BIOLOGICAL CONSERVA nON "
EASEMENT DESCRIBED 0,0:;
HEREON. ,,"5
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,& 'I~,
,,J!p
~
"'"
j 4 (-,:<' PARCEL 4
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) ~:.:,.,,:,,<'ic<"r....,'S L2
(;. \,:.::':.:::::.::.: :':ii:: f.e
A:~ "Bt .. ..~ '2 ....... I
iiiii(::: .... "'j..i.:i.:...:.~
:i<:7:::::.:i:;
:::.::.:::.::::.::.::.::.::::: :"'ie'.:::;
::.:.::.::.::.' ..................:::...:.:..::::::....:....:..:<j
:':::.:.':':':.':' "_,'. ::;. ." '.'. r""'-j
S88'47'34"E 421.37'
Sv\) li\N D So,
~s ",,\)\\J. SP/1<:
&""", -1..p-S
.:s :;0
APN 314-840-09
1"=100' 1 SPEAR & ASSOCIATES, INC. ~ JOB NO.
SCALE 07-163
6/Z/09 CIVIL ENGINEERING AND LAND SURVEYING
DATE DWG NO.
475 PRODUCTION S1REET, SAN MARCOS. CA 92078 07-163ES
DRN. TEP CK. RJS (760) 736-2040 FAX (760) 736-4866